Native Title Compensation after Timber Creek: Legal Significance and Policy Challenges in the NT
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Native Title Compensation after Timber Creek: Legal Significance and Policy Challenges in the Northern Territory by Archisha Sharma
Abstract:
This presentation examines the legal and policy significance of Northern Territory v Griffiths [2019] HCA 7, the first High Court decision to establish a framework for native title compensation. It considers the Court’s treatment of economic loss, interest and cultural loss, and evaluates the framework through the McArthur River Project Compensation Claim. It argues that although Griffiths provides important doctrinal clarity and recognition of cultural harm, compensation remains reactive and cannot fully address environmental damage, cultural disruption or Indigenous self-determination. It concludes by proposing stronger preventative safeguards, environmental accountability and Indigenous-led participation in decisions affecting the Country.
Bio:
Archisha Sharma is a Master of Public Policy student at Charles Darwin University and holds a Bachelor of Laws from Dr B. R. Ambedkar University, Agra, India. She currently works at a Darwin law firm and has experience in legal administration, policy-related volunteering and community engagement. Her academic interests include Indigenous policy, native title, social justice and public policy in the NT. Her current research examines the legal and policy implications of native title compensation, with particular attention to cultural loss, Indigenous self-determination and environmental accountability.
Abstract:
This presentation examines the legal and policy significance of Northern Territory v Griffiths [2019] HCA 7, the first High Court decision to establish a framework for native title compensation. It considers the Court’s treatment of economic loss, interest and cultural loss, and evaluates the framework through the McArthur River Project Compensation Claim. It argues that although Griffiths provides important doctrinal clarity and recognition of cultural harm, compensation remains reactive and cannot fully address environmental damage, cultural disruption or Indigenous self-determination. It concludes by proposing stronger preventative safeguards, environmental accountability and Indigenous-led participation in decisions affecting the Country.
Bio:
Archisha Sharma is a Master of Public Policy student at Charles Darwin University and holds a Bachelor of Laws from Dr B. R. Ambedkar University, Agra, India. She currently works at a Darwin law firm and has experience in legal administration, policy-related volunteering and community engagement. Her academic interests include Indigenous policy, native title, social justice and public policy in the NT. Her current research examines the legal and policy implications of native title compensation, with particular attention to cultural loss, Indigenous self-determination and environmental accountability.
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Where is it happening?
Level 3, Charles Darwin University, Danala Education and Community Precinct, 54 Cavenagh St, Darwin, NT, Australia, Northern Territory 0800
Event Location & Nearby Stays:
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Host or PublisherNorthern Institute
